Petitioner sought regular bail in an NDPS case alleging possession of opium. The court held that since the challan was presented within the statutory period, the specific bail provision under Section 167(2) Cr.P.C. was not applicable, leading to dismissal of the bail petition.
The bail petition under Section 438 and Section 167(2) Cr.P.C. was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Crl. Misc. No. M-42409 of 2014
In the High Court of Punjab and Haryana at Chandigarh
Crl. Misc. No. M-42409 of 2014 Date of Decision: 17.12.2014.
Mangi Lal
......Petitioner
Versus
State of Punjab
.....Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: None for the petitioner.
Mr. V.P.S.Sidhu, AAG, Punjab.
SABINA, J.
Petitioner has filed this petition under Section 439 read with Section 167(2) Code of Criminal Procedure, 1973 (' Cr.P.C. ' for short) seeking regular bail in FIR No. 21 dated 24.3.2014 under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Sadar Abohar.
I have gone through the record available on the file carefully with the able assistance of the learned State counsel.
In the present case, petitioner was found in possession of three kilograms of opium on 24.3.2014 without any permit or licence. Petitioner moved an application for bail under Section 167(2) Cr.P.C. However, challan was presented in the Court on 3.7.2014 without the report of the Chemical Examiner. Thereafter, supplementary challan was presented along with the report of the Chemical Examiner. Charges have been framed against the petitioner. Thus, in the present case, challan had been presented
GURPREET SINGH 2014.12.24 15:43 I attest to the accuracy and authenticity of this document Chandigarh
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Crl. Misc. No. M-42409 of 2014
within the prescribed period. Therefore, petitioner was not entitled
to be released on bail under Section 167(2) Cr.P.C.
Dismissed.
(SABINA) JUDGE
December 17, 2014 Gurpreet
GURPREET SINGH 2014.12.24 15:43 I attest to the accuracy and authenticity of this document Chandigarh
3 issues framed by the court
Whether the petitioner is entitled to release on bail under Section 167(2) Cr.P.C. when the challan was presented within the prescribed period.
Whether the provisions of Section 167(2) Cr.P.C. regarding anticipatory bail apply when the investigation is complete.
Whether the presence of a Chemical Examiner report validates the use of the challan despite earlier absence.
3 provisions across 2 enactments
Mangi Lal
State of Punjab
SABINA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
